Unjust enrichment is regulated in the Code of Obligations (Articles 77-82). According to the definition made in the Law, the person who is enriched through the labour or assets of another person without a justifiable reason is under the obligation to return this enrichment. In order to speak of unjust enrichment, it is necessary that the enrichment in the assets of the person does not arise for lawful reasons.
What is Unjust Enrichment Lawsuit? What are the Conditions?
The legislator has allowed the filing of an unjust enrichment lawsuit in cases of unjust enrichment defined in the law. In order to file an unjust enrichment lawsuit, an increase or proliferation in the person’s assets, the enrichment not being based on just cause and the existence of a causal link are required.
Statute of Limitations for Unjust Enrichment Lawsuits
The Code of Obligations stipulates 2 and 10-year periods for filing an unjust enrichment lawsuit. Accordingly, the right holder must file a lawsuit within 2 years from the date he learnt that he can claim back the enrichment provided by another person over his own assets. In any case, an unjust enrichment lawsuit not filed within 10 years from the date of enrichment is time-barred.
Burden of Proof in Unjust Enrichment
Pursuant to the general rule regulated in the Civil Code, the parties are obliged to prove the existence of the facts on which they rely in the lawsuit. This is also valid for unjust enrichment lawsuit. However, if the plaintiff files an unjust enrichment lawsuit but fails to prove the facts he/she asserts, the court will dismiss the lawsuit. Therefore, the party filing the unjust enrichment lawsuit is under the obligation to prove that the other party has been unjustly enriched over its own assets.
Cases where an unjust enrichment lawsuit cannot be filed
The situations where an unjust enrichment lawsuit cannot be filed are regulated in the Code of Obligations. Accordingly, enrichment arising from the performance of a debt that has expired and enrichment arising from the fulfilment of a moral duty cannot be the subject of this lawsuit. Also, material things given for the realisation of an unlawful or immoral act cannot be claimed back through unjust enrichment lawsuit.